MUHAMMAD ARSHAD vs THE STATE
This matter arises from a petition for review filed in a criminal appeal decided by the Federal Shariat Court on 28 March 1981, following the recent conferral of review powers upon the Court. The core legal question concerns the scope and exercise of this newly granted review jurisdiction in criminal appeals where no formal rules have yet been framed. The Court held that the power of review is discretionary in nature, and the Court elects to be guided by the principles of the Code of Criminal Procedure regarding the review of criminal cases. Consequently, the Court ruled that it will not normally interfere in the exercise of review jurisdiction with decisions previously rendered in criminal appeals, noting that such jurisdiction was primarily conferred in connection with Shariat Petitions. The petition was accordingly dismissed.
- Whether the Federal Shariat Court can exercise review jurisdiction over its decisions given in criminal appeals?
- What principles govern the exercise of review jurisdiction by the Federal Shariat Court in the absence of framed rules?
- Is the power of review conferred upon the Federal Shariat Court mandatory or discretionary?
ORDER
1. JUSTICE AFTAB HUSSAIN, CHARIMAN.-----Recently this Court has been given the power of review.
2. This petition for review has been filed in a criminal appeal which was decided by this Court on the 28 of- March, 1981. The Court have not framed any rules so far but we make it clear that the power granted to us is in the nature of discretion to interfere or- not. We would like to be governed by the principle of Cr. P. C. In matters of review of criminal cases. For this reason we would not like to interfere in exercise of review jurisdiction with our decisions given in criminal appeals. In fact the review jurisdiction has been conferred upon this Court in connection with the matters in Shariat Petitions. This petition is therefore dismissed.
Cited by 2 cases
- NOOR BADSHAH KHATTAK vs GOVERNMENT OF N.-W.F.P. and others 2004 PLC (C.S.) 1084
- NOOR BADSHAH KHATTAK vs GOVERNMENT OF N.W.F.P. and others 2004 PLJ SC 410